Virgin Cotton Mills v. Abernathy
Supreme Court of North Carolina
Civil action, tried at March Term, 1894, of Mecklenburg Superior Court, before Boykin, J., and a jury, having been brought there by defendant’s appeal from a Justice of the Peace.
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Civil action, tried at March Term, 1894, of Mecklenburg Superior Court, before Boykin, J., and a jury, having been brought there by defendant’s appeal from a Justice of the Peace. The action was brought by the plaintiff to recover upon two promissory notes or bonds, executed by the defendant, in the following words and figures, viz.: “ $800. Huntersville, N. C., May 83,1891. “ On or before the 15th day of October, 1891,1 promise to pay to the order of J. W. Mullen, Treasurer of the Virgin Cotton Mills, or his successor in office, two hundred dollars, being security for the payment of two…
1Opinion of the Court
CLARK, J.:
The first and second exceptions for failure to submit the issue requested, and for issues actually submitted, come too late after verdict. The Code, § 412 (2); Phifer v. Alexander, 97 N. C., 335; Taylor v. Plummer, 105 N. C., 56; Lowe v. Elliott, 107 N. C., 718. The issues are, however, in fact sufficient under the rule approved in Humphrey v. Church, 109 N. C., 132. The “general denial” cured any failure to allege tender of the certificate, as the only reason for requiring a tender before action brought is to throw the costs of an unnecessary action upon the plaintiff. Waddell v.…
2Cases cited7 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Humphrey v. Board of Trustees of Front Street Methodist Episcopal ChurchSupreme Court of North Carolina · 1891
- Waddell v. . SwannSupreme Court of North Carolina · 1884
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3Cited by4 opinions
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Martin v. Bank of FayettevilleSupreme Court of North Carolina · 1902
- In Re Will of WigginsSupreme Court of North Carolina · 1920
- Stadiem v. . HarvellSupreme Court of North Carolina · 1935